Smith County, Texas

How a case moves here

Smith County follows Texas law on arrests, release, and courts. These rules are the same in every county in the state; the full set covers prosecutors, defense, and jails too.

Who decides release first: A magistrate sets bail first, at the hearing that must follow arrest. Magistrates include judges of every level, justices of the peace, and, in some counties, appointed criminal law magistrates. In misdemeanors, a sheriff, officer, or licensed jailer may take bail, and many counties use bond schedules signed by judges.
Tex. Code Crim. Proc. arts. 17.027, 17.20 to 17.22 Tex. Code Crim. Proc. art. 15.17
Time to see a judge: A person arrested must be taken before a magistrate without unnecessary delay and no later than 48 hours after arrest. The magistrate gives the warnings, sets bail, and can appoint a lawyer. The hearing may be held by video.
Tex. Code Crim. Proc. art. 15.17(a)
Money bail: Texas allows money bail. Since voters approved Proposition 3 in November 2025, a judge must deny bail for murder, aggravated assault, aggravated robbery, aggravated sexual assault, and several other felonies when the state proves flight risk or danger at a hearing, and must explain in writing any grant of bail on those charges.
Tex. Const. art. I, secs. 11 to 11d Tex. Code Crim. Proc. art. 17.15
Courts: District courts try felonies. Each county has a constitutional county court, and larger counties add county courts at law; these hear Class A and B misdemeanors. Justice courts and city municipal courts hear Class C misdemeanors, which carry only a fine.
Texas Office of Court Administration, The Texas Judicial System (2025)
Judges and magistrates: Voters choose district judges in partisan elections for four-year terms, and the governor fills vacancies until the next election. County judges, county court at law judges, and justices of the peace also win partisan elections for four-year terms. Justices of the peace and most constitutional county judges need not be lawyers; most municipal judges are appointed by the city council.
Texas Office of Court Administration, The Texas Judicial System (2025), "Selection and terms"

Read from the statutes and court rules cited, 2026-09-30. Prop 3 (2025) changed when bail must be denied, not whether money bail exists. Appointed criminal law magistrates exist only in counties with an enabling section in Gov't Code ch. 54, such as Harris, Dallas, Bexar, and Travis. Counts of public defender offices change often; check TIDC before quoting a number.

What this county does differently

Nothing county-specific yet

Whether Smith County runs a pretrial services office, uses a risk assessment, or has its own bail schedule appears here once a cited source says so.

Police agencies

Agencies: FBI NIBRS master file 2025 batch headers; names from the FBI agency list, pulled 2026-09-29. An agency that serves several counties appears on each. Population served is the FBI's figure.

Crime and arrests

No figures yet

Reported offenses and arrests for Smith County, counted by the agencies that serve it, appear here once the county series is published. NIBRS reporting here started as early as January 2006.